Pick the best answer

IN A WORKER"S COMP CASE, IF YOU ARE NOT SATIFIED WITH THE SETTLEMENT,CAN YOU SEW THE COMPANY FOR FUTHER DEMAGES??

Harvard, IL | May 26, 2012 2:42pm

I WAS INJURED AT WORK, HURT MY LEFT HAND WICH RESULTED IN SURGERY AND 9 SCREWS IN MY WRIST AND FORARM.NOW THE USE OF MY HAND IS NOT TO WHERE I NEED IT TO BE FOR THE WORK I DO.RIGHT NOW THEY OFFERED $25,000.00 MINUS LAWYER FEES.... TO SETTLE MY CASE....

Once you settle you are done so before doing so talk this over with your lawyer so you understand all ramifications of ending it.

A settlement encompasses a one time payment comprising everything.

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

It is impossible for anyone to assess the valute of your case without knowing your average weekly wage. Even if you were to post that fact, no attorney reading a short summary will know more about your case then the attorney now representing you. He has had the benefit of reading your entire set of medical records. You need to have a discussion with him about this offer, and whether or not he recommends accepting the offer or going to trial. Please keep in mind that you do not have to accept any offer, you always have the option of trial. Also keep in mind that workers comp awards are based on formulas, and there is a real limit to what you can get.

If you cannot return to your job, you can opt for a wage differential which will compensate you for the difference in what you were able to earn and what you are now able to earn. You have many options. DO NOT make a decision until you know your choices. Any of us would be happy to tell you what your choices are without cost or obligation. Good luck.

If this information has been helpful, please indicate by clicking the up icon.
Legal Disclaimer:
Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links:
ccandiano@themargolisfirm.com
http://www.themargolisfirm.com

To be clear, WC is your SOLE remedy. You CANNOT sue your employer so be sure you know your options.

Asker

Posted July 10, 2012 8:53pm

What does wage differential mean... more specific please. Since worker comp now only pays 80% which is hardly enough to sustain. Also are they obligated to pay for the duration of time you intended to stay with a company?

If awarded, a wage differential would be indefinite. If you were earning $40.00 per hour and now you are able to earn $10.00 per hour, the employer would be obligated to pay you $20.00 per hour as long as you work. After about 3 years, the differential would be subject to COLA-like supplements through the rate adjustment fund to keep up with inflation. Hoe long you intended to stay with the company has NOTHING to do with it.

You should arrange an office appointment with your attorney and you should ask all the questions that you need answered to understand your options, such as the attorney's recommendations, whether there is any basis to make a claim outside of workers' compensation, etc. Only after you have done your best to receive and understand the best advice of the attorney you hired, if you remain uncertain, then make arrangements to get another opinion. Understand, however, that a breakdown of the fees between the first attorney and the second attorney will need to be addressed should another attorney get involved and that a new attorney may be limited in taking the case by the fees that may be due the first attorney.

The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.